Deep Meadows Civic Association v. E. Trusello
140 A.3d 60
Pa. Commw. Ct.2016Background
- Edward Trusello bought a 4.00-acre parcel (Parcel C) shown on a 1976 subdivision Plan called Deep Meadows; his deed did not mention a homeowners’ association (HOA), access rights to common/open space, or any obligation to pay dues.
- The subdivision Plan labels an 11.828-acre tract as “OPEN AREA TO BE DEDICATED TO DEEP MEADOWS CIVIC ASSOCIATION,” but the Plan contains no bylaws, membership terms, or details about the Association.
- The Association’s bylaws were not recorded in the county Recorder of Deeds until May 8, 2012—over 13 years after Trusello’s purchase.
- The Open Area is not adjacent to Trusello’s lot; physical access would require crossing a neighbor’s land or entering the subdivision via public roads and traversing an unmarked path—Trusello never used the Open Area.
- The Association sued to collect yearly dues (about $45–$50 for multiple years); the trial court ruled for Trusello (no actual or constructive notice he was bound), briefly vacated then reinstated that judgment, and the Commonwealth Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Trusello is liable to pay Association dues where his deed does not reference an HOA or grant use of common/open areas | Association: Plan dedication and existence of HOA support assessing dues against all lots shown on Plan | Trusello: No notice—deed and title chain lack HOA covenants; bylaws unrecorded until 2012; no benefit or access to Open Area | Court: No liability—Trusello had neither actual nor constructive notice and received no benefit/access, so not bound to pay dues |
| Whether an unrecorded (at time of purchase) HOA bylaw can bind a later purchaser | Association: Implied obligations arise from dedication on Plan and common‑area management | Trusello: Unrecorded bylaws give no constructive notice; absence in chain of title defeats imputation | Court: Bylaws recorded after purchase cannot supply constructive notice; Plan language alone was insufficient to bind Parcel C |
| Whether mere ability to enter subdivision creates a benefit imposing assessment obligations | Association: Ability to drive into subdivision and potentially access Open Area confers benefit | Trusello: Open Area not practically accessible; no marked path; would require trespass—no real benefit | Court: No demonstrable, practical benefit; asserted ‘‘quiet’’ benefit rejected; no basis to impose assessments |
| Applicability of precedent allowing implied assessments absent express deed language | Association: Cites Meadow Run, Fogarty, Spinnler Point, Hess to support implied assessments | Trusello: Distinguishes those cases because deeds there showed access or association notice; facts differ here | Court: Distinguished those cases—here title and factual circumstances do not support implied obligations; Huddleson and Rybarchyk more analogous |
Key Cases Cited
- Meadow Run and Mountain Lake Park Ass’n v. Berkel, 598 A.2d 1024 (Pa. Super. 1991) (association may impose reasonable assessments where deeds or chain of title give notice of formation and rights to use common facilities)
- Fogarty v. Hemlock Farms Community Ass’n, Inc., 685 A.2d 241 (Pa. Cmwlth. 1996) (absent deed prohibition, association may levy assessments for improvements benefiting members)
- Spinnler Point Colony Ass’n, Inc. v. Nash, 689 A.2d 1026 (Pa. Cmwlth. 1997) (property owners with rights to use development roads/lake must pay proportionate share for maintenance)
- Hess v. Barton Glen Club, Inc., 718 A.2d 908 (Pa. Cmwlth. 1998) (owners are liable for pro rata costs to maintain common facilities where chain of title references association or rights; distinguishing facts can control)
- Rybarchyk v. Pocono Summit Lake Prop. Owners Ass’n, Inc., 49 A.3d 31 (Pa. Cmwlth. 2012) (evidentiary and notice considerations relevant to whether non‑recorded obligations bind owner)
- Huddleson v. Lake Watawga Prop. Owners Ass’n, 76 A.3d 68 (Pa. Cmwlth. 2013) (no obligation to pay dues where deed conveys no right to use association‑maintained property and owner lacks access or other enforceable interest)